Collins v. Sutton

Citations

• 94 Va. 127
• 26 S.E. 415
• 1896 Va. LEXIS 150

Syllabus

<p>1. Chancery Pleading—Want of Jurisdiction—When and where objection made.—An objection to a bill for want of jurisdiction may be taken for the first time in the appellate court, though there was no demurrer to the bill in the trial court.</p> <p>2. Chancery Jurisdiction—Disputed boundaries—When courts of equity will interpose.—Courts of equity will not interpose to ascertain boundaries, unless, in addition to the confusion of the controverted boundaries, there is suggested some peculiar equity, which has arisen from the conduct, situation, or relation of the parties, but will leave the parties to their remedies at law.</p> <p>3. Chancery Jurisdiction—Bill for discovery—What bill must charge when the demand is legal.—When an attempt is made to enforce a legal demand in a court of equity, and the alleged ground of equity is the need of a discovery, the bill must aver that the discovery is material and necessary. A bill which charges that the defendant has in his possession a deed and plat which will show the true boundaries of land claimed by the complainant, and which prays for the production of the deed, but does not aver that the deed is necessary for the purpose, but admits that the courses and distances are well known to the complainants, is bad on demurrer. The complainant has an adequate remedy at law.</p> <p>4. Injunctions—Trespass—Irreparable injury—Insolvency of defendant.—A court of equity will not enjoin a trespass at the instance of a party averring a good legal title, unless the bill charges that irreparable injury will result if the injunction is denied—setting forth the facts constituting the injury—or that the defendant is insolvent.</p>